Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...

enforce such laws as it deems necessary to control the uses ofproperty in accordance with the general interest.5.8 As set out in paragraphs 17 and 18 of the CPO Circular, in determiningthe level of permissible interference with enjoyment, the courts haveheld that any interference must achieve a fair balance between thegeneral interest of the community and the protection of the rights ofindividuals. There must be reasonable proportionality between themeans employed and the aim pursued. The availability of an effectiveremedy and compensation to affected persons is relevant in assessingwhether a fair balance has been struck.5.9 The Developer has committed through the S106 agreement to provideaccommodation in the development suitable to relocate any of thebusinesses displaced by the CPO who wish to remain on site or toassist those who do not wish to take a new lease to relocate to suitablepremises elsewhere. Whilst it cannot be guaranteed that displacedbusiness will take up these offers the availability of premises will serveto reduce the impact on many of the displaced businesses.5.10 If any of the premises are occupied by individuals as their homes, thenthe rehousing provisions of the Land Compensation Act will applywhere no suitable alternative accommodation is available to them.5.11 In deciding whether to proceed with the recommendations, Cabinetneeds to consider the extent to which the decision may impact uponthe Human Rights of the landowners and residents and to balancethese against the overall benefits to the community which theredevelopment would bring. Members will need to be satisfied that anyinterference with the rights under Article 8 and Article 1 of Protocol 1 isjustified in all the circumstances and that a fair balance would be struckin the present case between the protection of the rights of individualsand the public interest.6. EQUALITIES IMPACT ASSESSMENT6.1 The Council’s statutory duty under the Equality Act 2010 applies todecision-making as set out in this report. The protected characteristicsto which the Public Sector Equality Duty (“PSED”) applies now includeage as well as the characteristics covered by the previous equalitieslegislation applicable to public bodies (i.e. disability, genderreassignment, marriage and civil partnership, pregnancy and maternity,race, sexual orientation, religion or belief and sex).6.2 The PSED is set out in section 149 of the Equality Act 2010 (“the Act”)provides (so far as relevant) as follows:(1) A public authority must, in the exercise of its functions, have dueregard to the need to:Page 5716